SOLVED CASES: LEGAL DIMENSION SUMMARY
CASE: (C-26/62) VAN GEND & LOOS
● Support of integration
● Increase of effectiveness EU law
● Uniformity of EU law in al MS
● Principle of Direct Effect
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Direct effect ensures that individuals and MS can enforce their rights and obligations before
national courts.
● Van Gend en Loos criteria:
Story
In order for a legal provision to have direct effect it must comply with three conditions.
*Example: Reyners case had DIRECT EFFECT
Dutch company had to pay customs duties on imported goods from Germany by Dutch law. Dutch company
challenged legality under preliminary reference Article 267, TFEU. Cojeu declared that Union should
Lady Justice
, constitute a new order of international law that confers rights and obligations on individuals. That national
courts should protect their rights and obligations and enforce them in national courts.
CASE 6/64: COSTA/ E.N.E.L
● Uniformity of interpretation and application of EU law
● “Supremacy”: Where national and EU law conflict, EU law takes precedence!
● Landmark case: “Preliminary reference” was used also here! Was refused
Story
Mr. Costa, an Italian citizen owned shares in electric company ENEL and he refuses to pay his electricity bill
as the nationalisation changed. According to him this violated the Treaty of Rome. Cojeu ruled that there
was no legal basis and that community rules apply for all who operate therein. EU law must take
precedence where national conflicts.
Page 2
CASE: (C-26/62) VAN GEND & LOOS
● Support of integration
● Increase of effectiveness EU law
● Uniformity of EU law in al MS
● Principle of Direct Effect
l
a
it
d
o
c
n
.U
2
Direct effect ensures that individuals and MS can enforce their rights and obligations before
national courts.
● Van Gend en Loos criteria:
Story
In order for a legal provision to have direct effect it must comply with three conditions.
*Example: Reyners case had DIRECT EFFECT
Dutch company had to pay customs duties on imported goods from Germany by Dutch law. Dutch company
challenged legality under preliminary reference Article 267, TFEU. Cojeu declared that Union should
Lady Justice
, constitute a new order of international law that confers rights and obligations on individuals. That national
courts should protect their rights and obligations and enforce them in national courts.
CASE 6/64: COSTA/ E.N.E.L
● Uniformity of interpretation and application of EU law
● “Supremacy”: Where national and EU law conflict, EU law takes precedence!
● Landmark case: “Preliminary reference” was used also here! Was refused
Story
Mr. Costa, an Italian citizen owned shares in electric company ENEL and he refuses to pay his electricity bill
as the nationalisation changed. According to him this violated the Treaty of Rome. Cojeu ruled that there
was no legal basis and that community rules apply for all who operate therein. EU law must take
precedence where national conflicts.
Page 2
